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JASMEET SINGH
Sarbesh Bhattacharjee (Dr. ) – Appellant
Versus
State NCT of Delhi – Respondent
JUDGMENT
Jasmeet Singh, J. These are writ petitions which are being disposed of by a common order.
2. The petitioner in the above writ petitions has sought quashing of the following FIRs:
a. FIR No. 01/2012 dated 10.01.2012 registered at PS Anti Corruption Branch under Section 13(1)(d)/13(2) of the Prevention of Corruption Act, 1988 (hereinafter "PC Act") and Section 420/120B Indian Penal Code, 1860 (hereinafter "IPC") and proceedings emanating therefrom in W.P.(CRL) 786/2021;
b. FIR No. 02/2012 dated 10.01.2012 registered at PS Anti Corruption Branch under Section 13(1)(d)/13(2) of the PC Act and Section 420/468/471/120B IPC and proceedings emanating therefrom in W.P.(CRL) 781/2021;
c. FIR No. 04/2013 dated 16.02.2013 registered at PS Anti Corruption Branch under Section 13(1)(d)/13(2) of the PC Act and Section 420/468/471/120B IPC and proceedings emanating therefrom in W.P.(CRL) 785/2021.
3. The factual matrix of the case as per the petitioner is as under:
a. The Petitioner had a career of around 36 years as a medical officer under the Govt. of Arunachal Pradesh, the Assam Rifles, and finally the Central Govt. Health Services.
b. The petitioner was transferred to Delhi Government and
The right to speedy investigation and trial, as recognized under Article 21 of the Constitution, should be upheld, and the delay in investigation should not be attributable to the accused.
The court emphasized that successive FIRs regarding the same incident are impermissible and quashed the FIR based on concealment of previous complaints and forum shopping, affirming the requirement o....
The absence of prior sanction for prosecution and inordinate delay in proceedings violate the right to a speedy trial, rendering the case against the petitioner unsustainable.
The judgment established the principle that a second FIR for the same cause may not be permissible if the incidents could have been investigated in the first FIR, and that the abuse of power by the I....
The court established that allegations of corruption must be supported by substantial evidence, and that mechanical or arbitrary actions by investigative authorities do not suffice to implicate indiv....
The power to quash a criminal proceeding should be exercised sparingly and with caution, and there must be factual supporting material in the FIR to fasten the accused with criminal liability.
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